United India Insurance v. Sakila

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Wednesday, the 30th day of September 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members 1.Mr.I.Richard 2.Mr.M.Damodharan C.M.A.No.835 of 2014 (Appeal against the judgment and decree passed on 04.03.2013 made in M.C.O.P.No.306 of 2010 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Ponneri) United India Insurance Company Limited, Divisional Office, No.73-C, M.T.H. Road, Ambattur, Chennai - 600 053.

.. Appellant/2nd Respondent Vs.

1.Sakila 2.Malarvizhi (ex-parte before the Tribunal) .. Respondents This case is not listed today. On representation of both counsel, this case is taken up for settlement before the Lok Adalat. Mr.A.Dhiravianathan, learned counsel for the appellant and Mr.K.M.Ramesh and Mrs.J.Vimala Ramesh, learned counsel for the first respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:- TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.1,23,500/- with interest at 7.5% per annum from the date of numbering of petition till the date of deposit (excluding the period of default if any) and costs as compensation. Aggrieved by the award of the Tribunal, the appellant / Insurance Company had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.95,000/- (Rupees Ninety Five Thousand) along with interest at 7.5% per annum from the date of petition till the date of deposit as compensation.

3. The appellant / Insurance Company is directed to deposit the above said modified award amount with interest, after deducting the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this order.

4. On such deposit, the first respondent / claimant is permitted to withdraw the above said modified award amount along with interest without filing any formal petition. Award is passed accordingly.

5. The Tribunal is directed to issue the cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed, if any.

Sd/- United India Insurance Company Limited, Divisional Office, No.73-C, M.T.H. Road, Sd/- Ambattur, Chennai - 600 053.

Counsel for the Appellant Sd/- Sd/- Sakila Counsel for the 1st Respondent This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal,Subordinate Judge, Ponneri.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies C.M.A.No.835 of 2014 ctk co kra 06/11/2015